City drops discrimination lawsuit against west Lawrence apartment complex

The city has dismissed a lawsuit against a Lawrence apartment complex accused of refusing to rent to a woman who receives housing vouchers, though ultimately the woman was not able to move in.

The woman, 23 years old at the time, had applied to live at The Links at Kansas, a complex just east of Rock Chalk Park on the northwestern edge of town. She was approved and planned to move into a unit in August 2023.

But complex staff told her the day before she was set to move in that they would only accept rental payments through an online portal and would not accept her Section 8 voucher as payment, according to the lawsuit.

The Lawrence City Commission in February 2023 approved an ordinance change that creates a protected class based on renters’ source of income, immigration status, and their status as a survivor of domestic violence, sexual assault or human trafficking. The goal is to make sure some of the city’s most vulnerable residents aren’t denied housing based solely on discriminatory factors. Ordinance 9960 went into effect June 1, 2023. 

The woman and her mother (we are not naming them to protect their privacy) filed a formal complaint with the city in November 2023 alleging that The Links had discriminated based on the woman’s source of income. She is disabled and eligible for Section 8 housing vouchers.

The city launched an investigation and notified the complex of the complaint.

Legal counsel for The Links wrote in a letter back to the city that the woman “chose to back out” when the complex refused to sign a form from the Department of Housing and Urban Development that’s necessary to initiate move-in.

“An interpretation that broadens Ordinance No. 9960 to require private businesses to accept contract terms to which they do not agree in order to receive payment would result in illogical, unintended, and unconstitutional consequences,” the company’s attorney wrote, also stating that The Links “would be willing to accept payments from or on behalf of” the woman “from any source as long as the form of the payment was in a form accepted by The Links (i.e. no cash is accepted by The Links).”

However, during the city’s investigation, The Links’ assistant manager admitted that she’d told the woman that they would not accept Section 8 vouchers, and that “her statements were incorrect and based on a misunderstanding of The Links’ leasing policy,” according to the lawsuit.

Additionally, The Links never told the woman that they would not agree to the HUD form, according to the lawsuit.

The Links had the option of attending a public hearing before the city’s Human Relations Commission; however, the complex opted to take the case straight to district court. The city filed the civil lawsuit in August — almost exactly a year after the woman had hoped to move into The Links.

“By refusing to … rent the available apartment unit to (the woman) because it was either unwilling to modify its lease agreement to incorporate HUD contracts and/or was unwilling to enter into a separate contractual agreement with HUD Defendant’s actions constitute discrimination based on source of income in violation of the City Code,” the city’s lawsuit stated.

But the city filed a stipulation of dismissal with prejudice — meaning they agreed to drop the case without the possibility of refiling — in January.

Toni Wheeler, city attorney, said via email that “the parties reached a mutually agreeable settlement to resolve the matter.”

The woman has found a place to live with a nice manager and supportive neighbors, family members said — but not at The Links, which is still a disappointment. They were unable to speak in detail but said that overall, they’re pleased with the outcome.

“We’re happy with the way the city got involved,” one relative said.

Asked whether they would recommend another voucher recipient attempt to rent at The Links if they were interested, another relative said that “I think others should apply and if they run into any issues, they should know their rights. The city of Lawrence is very supportive and will assist those that have their rights violated.”

We asked the city attorney’s office if they anticipate future potential tenants having issues using vouchers at The Links.

“While we can’t engage in speculation, The Links at Kansas apartment complex was made aware of the source of income ordinance and their obligation to not discriminate against any potential tenant based on the potential tenant’s source of income,” said Zach Fridell, assistant city attorney. “Our office will continue to enforce the ordinance as it was passed by the City Commission.”

The Links at Kansas is owned by Fayetteville, Arkansas-based Lindsey Management. A representative of the company did not answer a phone message seeking comment for this article.

A similar lawsuit the city has filed against a local property management company is ongoing in Douglas County District Court, set for a motions hearing in April.

A district court judge made a ruling in May upholding the city’s ordinance after a legal challenge. The plaintiff in that case, a group called Landlords of Lawrence, has filed an appeal.

Find information about the city’s fair housing civil rights enforcement procedures and a form to initiate a complaint on the city’s website at lawrenceks.org/attorney/fairhousing, or call 785-832-3310.

Mackenzie Clark (she/her), reporter/founder of The Lawrence Times, can be reached at mclark@lawrencekstimes.com. Read more of her work for the Times here. Check out her staff bio here.

• Bluesky
• Facebook
• Instagram
• Twitter
• LinkedIn

Latest Lawrence news:

MORE …